How to Investigate Animal Cruelty in NY State – A Manual of Procedures

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NEW YORK STATE PENAL LAW

Article 195
OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS GENERALLY

§ 195.06 Killing or injuring a police animal

A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.

Killing or injuring a police animal is a class A misdemeanor.

§ 195.06-a Killing a police work dog or police work horse

A person is guilty of killing a police work dog or police work horse when such person intentionally kills a police work dog or police work horse while such dog or horse is in the performance of its duties and under the supervision of a police officer. For purposes of this section, “police work dog” or “police work horse,” as the case may be, shall mean any dog or horse owned or harbored by any state or municipal police department or any state or federal law enforcement agency, which has been trained to aid law enforcement officers and is actually being used for police work purposes.

Killing a police work dog or police work horse is a class E felony.

NYSHA’s notes: Additional laws to consider
See Agriculture and Markets Law, Article 26 Section 353, which deals with causing and permitting suffering of animals. If a person harms or kills a police animal, you can additionally charge the person with a violation of Section 353.

§ 195.11 Harming an animal trained to aid a person with a disability in the second degree

A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.

For purposes of this section and section 195.12 of this article, the term “disability” means “disability” as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.

NYSHA’s notes: Additional laws to consider
See Agriculture and Markets Law, Article 26 Section 353, which deals with causing and permitting suffering of animals. If a person harms an animal trained to help a person with a disability, you can additionally charge the person with a violation of Section 353.

§ 195.12. Harming an animal trained to aid a person with a disability in the first degree

A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:

  1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability; or
  2. intentionally kills such animal while it is in the performance of aiding a person with a disability.

Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.

NYSHA’s notes: Additional laws to consider
See Agriculture and Markets Law, Article 26 Section 353, which deals with causing and permitting suffering of animals. If a person harms an animal trained to help a person with a disability, you can additionally charge the person with a violation of Section 353.

 

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